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Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland, Federated Engine Drivers' and Firemens' Association of Queensland, Union of Employees, and Queensland Colliery Employees Union of Employees [2013] QIRC 68

Case law · Queensland · 2013
CITATION: Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland, Federated Engine Drivers’ and Firemens’ Association of Queensland, Union of Employees, and Queensland Colliery Employees Union of Employees (RIO/2012/188) (RIO/2012/189) (RIO/2012/190) - Decision (No. 2) <http://www.qirc.qld.gov.au> QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Regulation 2011 - s. 54 - Community of interest declaration for amalgamation Industrial Relations Regulation 2011 - s. 62 - Application to submit proposed amalgamation to a ballot Industrial Relations Regulation 2011 - s. 65 - Ballot exemption - recognition of federal ballot Industrial Relations Act 1999 - s. 618 - Commission to approve proposed amalgamation Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland, Federated Engine Drivers’ and Firemens’ Association of Queensland, Union of Employees, and Queensland Colliery Employees Union of Employees (RIO/2012/188, RIO/2012/189, RIO/2012/190) DEPUTY PRESIDENT BLOOMFIELD 30 April 2013 DECISION (No. 2) [1] On 17 April 2013 I released a Decision 1 approving the amalgamation of the: • Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland (CFMEUQ); • Federated Engine Drivers’ and Firemens’ Association of Queensland, Union of Employees (FEDFAQ); and • Queensland Colliery Employees Union of Employees (QCEUE). [2] At paragraph [20] to [22] I highlighted that there was some confusion about the proper name of CFMEUQ. [3] At paragraph [22] I authorised the respective Committees of Management of CFMEUQ, FEDFAQ and QCEUE to amend resolutions they had previously passed concerning the name of the amalgamated organisation to delete any reference to "the" or "The" at the beginning of the organisation's name. I also said at paragraph [23] that upon receipt of advice of the outcome of such consideration I would cause for a short decision to be issued confirming the name of the amalgamated organisation. [4] On 23 April 2013, Hall Payne Lawyers, as the authorised representative of each of CFMEUQ, FEDFAQ and QCEUE, informed me that each Committee of Management of the three organisations had passed the necessary resolutions to confirm the name of the proposed amalgamated industrial organisation to be "Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland". [5] In those circumstances I now confirm that the name of the amalgamated organisation will be: Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland. [6] As previously determined, the amalgamation will take effect on 1 May 2013 (the amalgamation day). [7] The Commission determines and orders accordingly. A.L. BLOOMFIELD, Deputy President Hearing Details: 2013 1 February (Hearing) 14 February (amendments to transitional rule confirmed) Released: 1 May 2013 Appearances: Mr J. Payne and Ms L. Fraser-Hardy of Hall Payne Lawyers for Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland; Federated Engine Drivers' and Firemens' Association of Queensland, Union of Employees; and, Queensland Colliery Employees' Union of Employees (the Applicants). 1 Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland, Federated Engine Drivers’ and Firemens’ Association of Queensland, Union of Employees, and Queensland Colliery Employees Union of Employees (RIO/2012/188) (RIO/2012/189) (RIO/2012/190) - Decision http://www.qirc.qld.gov.au -- 1 of 1 --